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Procedures for the Registration and Administration of Collective Marks and Certification Marks - 1994

(Promulgated by the State Administration for Industry and Commerce on December 31, 1994)

Article 1.

These Procedures are formulated in accordance with the Trademark Law of the People' s Republic of China and the Implementing Regulations under the Trademark Law of the People' s Republic of China (referred to below as the Trademark Law and the Regulations respectively).

Article 2.

A collective mark refers to a goods mark or a service mark used by the members of an industrial or commercial group, association or other collective organization for the purpose of indicating that the dealers in the goods or the providers of the services belong to the same organization.

A certification mark refers to a goods mark or service mark controlled by an organization capable of testing and monitoring certain goods or services but used by others on their goods or services for the purpose of certifying the place of origin, material, manufacturing process, quality, accuracy or other specified characteristics of the goods or services.

Article 3.

The Trademark Office shall establish a Collective Mark Register and a Certification Mark Register to list collective marks and certification marks. Enterprises and institutions which conform to the provision of Article 2 of the Regulations and qualify as legal persons may apply for the registration of collective marks or certification marks. Collective marks and certification marks approved for registration by the Trademark Office shall be protected by law.

Article 4.

Any party applying for the registration of a collective mark or certification mark shall, in accordance with the provision of Article 9 of the Regulations, submit to the Trademark Office an Application for Trademark Registration, copies of the reproduction of the mark and a black and white design of the mark, accompanied by a certificate of qualification as subject, and the rules for administration of the use of the mark.

Any party applying for the registration of a certification mark shall also furnish a certifying document issued by the relevant competent department stating that the applicant is capable of testing and monitoring the specified characteristics of certain goods or services.

Article 5.

The rules for administration of the use of a collective mark shall include:

the purpose of using the collective mark;

2. the members of the collective using the mark;

3. the quality of the goods or services using the collective mark;

4. the conditions for using the mark;

5. the procedure for using the mark;

6. the rights and obligations of the members of the collective and the liability they shall bear for breaching the rules.

The rules for administration of the use of a certification mark shall include:

1. the purpose of using the certification mark;

2. the specified characteristics and distinguishing features of the goods or services certified by the mark;

3. the conditions for using the mark;

4. the procedure for using the mark;

5. the rights and obligations entailed in using the certification mark and the - liability to be borne for breaching the rules.

Article 6.

The Trademark Office shall examine the application it receives for registration of a collective mark or certification mark in accordance with the provisions of the Trademark Law, the Regulations and these Procedures, and shall approve the word, design, or their combination truly giving expression to the specified characteristics of the certification mark.

The contents of the publication of a collective mark or certification mark after preliminary approval shall include the full text or abstract of the rules for administration of the use of the mark.

Article 7.

All the members subordinate to the registrant of a collective mark may use that collective mark, but they have to go through the necessary procedure in accordance with the rules for administration of the use of the collective mark. A non-member of the collective may not be authorized to use the collective mark.

Article 8.

Any party fulfilling the conditions stipulated in the rules for administration of the use of a certification mark may use the mark after going through the procedure prescribed by the registrant. Where the goods or services provided by the party fulfil the conditions prescribed by the certification mark, the registrant may not deny the party of the use of the mark.

Article 9.

Any amendment to the rules for administration of the use of a collective mark or certification mark shall be examined and approved by the Trademark Office and shall come into effect as of the date of its publication.

Article 10.

The registrant of a certification mark shall, within one month of another party going through the procedure for using the certification mark, submit such particulars as the name and address of the user and the goods or services using the mark to the Trademark Office for the record. The said particulars shall be published by the Trademark Office.

Article 11.

The registrant of a certification mark may not use the certification mark on the goods or services provided by itself.

Article 12.

Where a certification mark is assigned, the assignee shall furnish the certifying documents stipulated in Article 4 of these Procedures. The transaction shall be examined by the Trademark Office and published after approval, and shall come into effect as of the date of publication.

No collective mark may be assigned.

Article 13.

Where a party contravenes the provisions of Articles 10, 11, and 12 of these Procedures, the Trademark Office may order it to rectify the situation within a time limit or cancel the collective mark or certification mark registered.

Article 14.

Where the registrant of a certification mark fails to fulfil the obligation to exercise control so that the goods or services of the users of the certification mark fail to meet the requirements of the rules for administration of the use of the certification mark, causing damage to consumers, the registrant shall bear the liability for compensation.

Where the registrant of a collective mark or certification mark loses control over the use of its mark, the Trademark Office shall cancel the registered mark.

Article 15.

Where a collective mark or certification mark is canceled or its registration is not renewed on expiration, the Trademark Office will not allow marks identical with or similar to that mark to be registered within two years from the date of its cancellation or expiration.

Article 16.

Where the exclusive right to use a collective mark or certification mark is in fringed, the registrant may, in accordance with the relevant provisions of the Trademark Law and the Regulations, request the administrative authority for industry and commerce to deal with the matter or directly institute proceedings in the People's Court, and users already published may join in the above request as interested parties.

Article 17.

Where the registrant of a collective mark or certification mark issues to another party a Trademark Use Permit in authorizing the party to use its mark, it may charge a certain management fee but may not do so for the purpose of making a profit. The fee shall be used exclusively for the management of its mark.

Article 18.

Official emblems or inspection stamps prescribed by laws and regulations of the State may not be registered as collective marks or certification marks without the approval of the relevant responsible department of the State.

Article 19.

In addition to the provisions of these Procedures, the relevant provisions of the Trademark Law and the Regulations shall also apply to collective marks and certification marks.

Article 20.

These Procedures shall come into effect on the date of their issuance. The State Administration for Industry and Commerce shall be responsible for their interpretation.